Legal Opinion: The rights of a mother and father in light of the proposed referendum

5th May 2015

If we pass the marriage referendum as the Government wants, it will have profound changes on how we view the family in our law. A major legal opinion commissioned by The Iona Institute examines this question. It shows that our ability to give preference to motherhood and fatherhood in Irish law will be severely and probably wholly undermined.

The opinion by Michael Collins SC and Paul Brady BL examines the Constitution, and in particular Article 41, called ‘The Family’, in the light of various rulings by the Supreme Court.

It shows that the constitutionally protected right to marry is also a constitutionally protected right to have children. The right to marry therefore is unavoidably linked to the rights of children.